Disinheriting a Child: What Parents Should Know
Most parents want to treat their children equally in their wills. But sometimes, a parent decides not to leave anything to one child. Reasons vary:
- One child is already financially secure.
- Another child has special needs and parents want to protect their government benefits.
- Or a parent may believe a child will misuse an inheritance due to irresponsible behavior or substance abuse.
Emotional and Family Consequences
Even if you have a “valid” reason, disinheriting a child often causes lasting family strain:
- It can harm sibling relationships.
- Legal disputes over inheritances are common.
- Beyond money, receiving something from a parent has symbolic value.
Alternatives to Disinheritance
Disinheriting is a strong choice—and often unnecessary. There are legal tools that address many concerns without cutting someone out entirely:
Special Needs Trusts
These allow a parent to provide for a loved one with disabilities without jeopardizing government benefits.
Discretionary Trusts for Risky Behavior
If a child is irresponsible or has substance issues, a trust can give a trustee control over distributions. You can set conditions the child must meet.
Reconsidering Disinheritance After Reconciliation
If you disinherited someone in the past but have since reconciled, updating your estate plan is critical.
If you still want to disinherit, consider telling the child why. This can reduce family conflict later and discourage expensive legal challenges.
How to Make Your Wishes Legally Binding
Whatever your decision, make sure it’s properly documented. A well-drafted will or trust helps ensure your wishes are honored and reduces the chance of disputes.
Need Help with Your Estate Plan?
At Aging in Maine, we help families:
- Decide whether disinheritance is the right choice
- Use trusts to protect vulnerable loved ones
- Draft wills and estate documents that reflect your values
Contact us for a private consultation: (207) 848‑5600 or email info@aginginMaine.com
